Your Appearance

Do I Have to Show Up to Court?

If you are charged with reckless driving there are only two ways you can avoid appearing in Fairfax Traffic Court without negative repercussions:

  • The summons you were issued came with instructions on how to avoid having to appear to court.
  • You hire a reckless driving attorney and the judge grants a “motion to waive your appearance” thereby allowing your attorney to appear on your behalf.

Contact a local reckless driving attorney if you wish to have your appearance waived by a judge. If your attorney makes a motion to waive your appearance he or she can appear in court on your behalf for some criminal offenses, including some forms of reckless driving.

If you do not show up to your reckless driving trial and have not had your appearance waived, there are two possible consequences:

  • You may be tried in absentia (tried in your absence)
  • The judge may issue a bench warrant for your arrest and charge you with the additional crime of “failure to appear”.

Contact a local reckless driving attorney to find out whether you are in danger of having a bench warrant issued for your arrest. If a bench warrant has already been issued, consult a Fairfax County attorney immediately.

Many drivers contact their local court clerks to find out how to avoid appearing in court. Some court clerks will tell the driver to write a letter to the judge. Writing a letter to a judge is not an excused absence, it is only a plea for mercy. Do not submit any letters to the court without at least having a free consultation from a Fairfax reckless driving attorney.


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